What to Expect at a Michigan Family Court Hearing

Judge or referee

The chief judge can direct by administrative order that certain types of domestic relations motions be heard first by a referee, and the assigned judge can refer others (MCR 3.215(B)). Referees must be members of the State Bar of Michigan (MCR 3.215(A)). A referee can hear testimony, compel witnesses and documents, and recommend an order (MCL 552.507(2)).

Your notice of hearing will say whether the matter is before a judge or a referee. A referee hearing notice must say so clearly (MCR 3.215(C)(1)).

At a referee hearing

• The Michigan Rules of Evidence apply (MCR 3.215(D)(1)).
• Testimony is in person unless the referee allows telephone or video testimony (MCR 3.215(D)(3)).
• A recording or stenographic record is kept of every hearing (MCR 3.215(D)(4)).
• The referee must tell you, orally and in the written recommendation, that you have a right to ask for a hearing before the judge (MCR 3.215(D)(2)).
• Within 21 days after the hearing, the referee states findings on the record or in a written report and makes a recommended order (MCR 3.215(E)(1)).

Objecting to a referee's recommendation

1. Deadline: file a written objection and notice of hearing within 21 days after the recommended order is served on you (MCR 3.215(E)(4)). MCL 552.507(4) likewise sets 21 days from when the recommendation is made available to you.
2. Content: state clearly and concisely the specific findings or application of law you object to (MCR 3.215(E)(4)).
3. Service: serve the objection and notice of hearing on the other party as MCR 2.119(C) provides (MCR 3.215(E)(5)).
4. Hearing: the judicial hearing must be held within 21 days after the objection is filed unless extended for good cause (MCR 3.215(F)(1)).

The judge can decide on the record of the referee hearing but must allow live evidence. The court may limit evidence on findings no one objected to, and may bar new evidence unless it was not available at the referee hearing (MCR 3.215(F)(2)). Objections found frivolous or filed for delay can lead to costs and attorney fees (MCR 3.215(F)(3)).

Custody evidentiary hearings

When a contested motion would change a child’s established custodial environment, the court must hold an evidentiary hearing to decide whether clear and convincing evidence supports the change (MCR 3.210(C)(1)). The hearing must be held within 56 days after the court orders it or after notice that a hearing is requested, and the decision must come within 28 days after the hearing, unless extended for good cause (MCR 3.210(C)(1), (3), (7)). If a Friend of the Court report has been submitted, you must get a chance to review it and file objections before a decision (MCR 3.210(C)(6)). Contested postjudgment motions to modify a judgment require findings of fact and conclusions of law (MCR 3.210(D)(1)).

Preparation checklist

• Read your notice of hearing for the date, time, place, and whether it is a judge or referee.
• Bring copies of the current order, your motion or response, and any FOC recommendation.
• Bring organized, labeled exhibits with copies for the court and the other party.
• Arrange for any witnesses to attend in person unless the court has allowed remote testimony.
• Write a one-page outline: what you are asking for, the facts that support it, and the legal standard.
• If you need a disability accommodation or a foreign language interpreter, contact the court right away, as each SCAO motion form instructs.

Primary sources

Rules and forms change. Check the current version at the source before you file.

• MCR 3.210, 3.215 (Chapter 3)
• MCL 552.507, referees and de novo hearings